6 ms·

A straw purchase is when a gun is bought for someone who is not allowed to own one (a "prohibited person"). Commonly, one person supplies the money for the gun

by chiph 4y ago

A straw purchase is when a gun is bought for someone who is not allowed to own one (a "prohibited person"). Commonly, one person supplies the money for the gun, while the person with a clean criminal history is the one who fills out the background-check form. Straw purchases can happen if you are selling privately too. You should take a few steps to make sure the buyer is legit. Ask to see a concealed carry permit or FOID card. Or ask for a driver's license, and put the info down on a bill of sale that you then both sign. Keep the bill of sale forever, in case the gun should ever be stolen or used in a crime - it can help get the gun back to the new owner if the ATF does a trace.

Syonyk 4y ago
> You should take a few steps to make sure the buyer is legit. Ask to see a concealed carry permit or FOID card. I've known people who buy and sell quite a few guns, and even though there was no legal requirement for them to do so, this was their policy. Show them a matching permit to acquire or carry permit and driver's license, or they wouldn't sell a gun. Nothing was written down, but if you weren't willing to show matching paperwork and an ID, they wouldn't sell it to you. And I think in a few cases, if the buyer was being unusually squirrely and evasive, they didn't even get that far. Very, very few gun owners have any desire to sell guns to prohibited persons.
- R0b0t1 4y ago
  It's a bad idea to check ID. If you check and get it wrong it may conceivably be used against you. The law does not require you to check and you should never check. Simply refuse to sell if they plainly state they are a felon or not a state resident and sell with no questions in every other case.
  - Syonyk 4y ago
    I find it hard to believe that one would be in more legal hot water for having checked as a matter of policy and having missed a high quality fake ID or something, than for not having checked at all. I know an awful lot of gun owners, and I can't think of one who would sell a gun to someone they suspected wasn't permitted to own one.
    - R0b0t1 4y ago
      The law doesn't say you have to check so you don't. They'd basically have to tell you they're a prohibited person for a DA to have an airtight case. I bring this up because people like yourself slowly erode rights by doing "the right thing" when that thing is giving up something you will never get back.
      - R0b0t1 4y ago
        To clarify why I think you might be punished if you check and mess up: that's kinda how it works for rendering aid in a crisis. People have refused to render aid because they feared they would be sued. Even if you expect an airtight acquittal, it costs money, and you may not actually have enough money to prove your innocence if the other person has more.
Ancapistani 4y ago
> A straw purchase is when a gun is bought for someone who is not allowed to own one Nope - it doesn't matter whether or not the actual buyer can legally purchase or possess it. A straw purchase is a crime regardless. > You should take a few steps to make sure the buyer is legit. Morally, yes. Practically, no. You're only committing a crime if you know or should reasonably know the person you're selling to is prohibited. You have no legal duty to ask, and asking only proves that you considered the possibility, and could be construed as evidence that you were suspicious.
- hellojesus 4y ago
  Yes, this comes down to very specific state rules. In college I would find deals on guns on Backpage, buy them cheap, and then resell them at a much higher listed price. No background checks were required for private sales, so all I had to check was that the person had a driver's license for the correct state when I sold it, and even then no bill of sale or info was required. Make your selling process known, and you'll get some very sketchy buyers that are willing to pay high prices, and it's all technically legal as the seller as you don't even need to ask if the buyer is legally able to purchase a firearm, and it helps fund college tuition.
  - SkinTaco 4y ago
    This is not a gotcha question, and I'm asking because my answer would be no and I'm curious what you have to add to my thoughts. Do you ever feel bad about selling guns to people who have been convicted of a severe enough crime to not be able to buy one directly?
    - Ancapistani 4y ago
      I’m not the GP, but I’ve sold a few face-to-face. I find that intuition is far more reliable than documentation anyhow. I’ve turned down several sales because the buyer struck me as irresponsible.
      - 4y ago
robonerd 4y ago
> for someone who is not allowed to own one (a "prohibited person"). The way it works with firearms, purchasing a gun on behalf of somebody else (not as a gift) is illegal regardless of that other person's legal status as a gun owner. If you and I are both allowed to buy and own guns but for whatever reason agree that you will give me money and I'll buy a gun for you, that's illegal.
- Clubber 4y ago
  From what I understand, it's only if you are filling out the form (background check) for someone else. It's all about the form, not the money.

by chiph 4y ago

Syonyk 4y ago

> You should take a few steps to make sure the buyer is legit. Ask to see a concealed carry permit or FOID card. I've known people who buy and sell quite a few guns, and even though there was no legal requirement for them to do so, this was their policy. Show them a matching permit to acquire or carry permit and driver's license, or they wouldn't sell a gun. Nothing was written down, but if you weren't willing to show matching paperwork and an ID, they wouldn't sell it to you. And I think in a few cases, if the buyer was being unusually squirrely and evasive, they didn't even get that far. Very, very few gun owners have any desire to sell guns to prohibited persons.

R0b0t1 4y ago
It's a bad idea to check ID. If you check and get it wrong it may conceivably be used against you. The law does not require you to check and you should never check. Simply refuse to sell if they plainly state they are a felon or not a state resident and sell with no questions in every other case.
- Syonyk 4y ago
  I find it hard to believe that one would be in more legal hot water for having checked as a matter of policy and having missed a high quality fake ID or something, than for not having checked at all. I know an awful lot of gun owners, and I can't think of one who would sell a gun to someone they suspected wasn't permitted to own one.
  - R0b0t1 4y ago
    The law doesn't say you have to check so you don't. They'd basically have to tell you they're a prohibited person for a DA to have an airtight case. I bring this up because people like yourself slowly erode rights by doing "the right thing" when that thing is giving up something you will never get back.
    - R0b0t1 4y ago
      To clarify why I think you might be punished if you check and mess up: that's kinda how it works for rendering aid in a crisis. People have refused to render aid because they feared they would be sued. Even if you expect an airtight acquittal, it costs money, and you may not actually have enough money to prove your innocence if the other person has more.

Ancapistani 4y ago

> A straw purchase is when a gun is bought for someone who is not allowed to own one Nope - it doesn't matter whether or not the actual buyer can legally purchase or possess it. A straw purchase is a crime regardless. > You should take a few steps to make sure the buyer is legit. Morally, yes. Practically, no. You're only committing a crime if you know or should reasonably know the person you're selling to is prohibited. You have no legal duty to ask, and asking only proves that you considered the possibility, and could be construed as evidence that you were suspicious.

hellojesus 4y ago
Yes, this comes down to very specific state rules. In college I would find deals on guns on Backpage, buy them cheap, and then resell them at a much higher listed price. No background checks were required for private sales, so all I had to check was that the person had a driver's license for the correct state when I sold it, and even then no bill of sale or info was required. Make your selling process known, and you'll get some very sketchy buyers that are willing to pay high prices, and it's all technically legal as the seller as you don't even need to ask if the buyer is legally able to purchase a firearm, and it helps fund college tuition.
- SkinTaco 4y ago
  This is not a gotcha question, and I'm asking because my answer would be no and I'm curious what you have to add to my thoughts. Do you ever feel bad about selling guns to people who have been convicted of a severe enough crime to not be able to buy one directly?
  - Ancapistani 4y ago
    I’m not the GP, but I’ve sold a few face-to-face. I find that intuition is far more reliable than documentation anyhow. I’ve turned down several sales because the buyer struck me as irresponsible.
    - 4y ago

robonerd 4y ago

> for someone who is not allowed to own one (a "prohibited person"). The way it works with firearms, purchasing a gun on behalf of somebody else (not as a gift) is illegal regardless of that other person's legal status as a gun owner. If you and I are both allowed to buy and own guns but for whatever reason agree that you will give me money and I'll buy a gun for you, that's illegal.

Clubber 4y ago
From what I understand, it's only if you are filling out the form (background check) for someone else. It's all about the form, not the money.